New York Laws
Title 11 - Medical Assistance for Needy Persons
367 - Authorization for Hospital Care.

§ 367. Authorization for hospital care. 1. Except as permitted by
the regulations of the department, so far as practicable, no patient
shall be admitted to a hospital as a public charge under this title or
this chapter without the prior authorization of the social services
official responsible for authorizing such care. If a patient is
admitted without prior authorization of the appropriate social services
official and the hospital has reason to believe that the patient will be
unable to pay for his care, and is or may be eligible for care under
this title or this chapter, it may send a notice containing a report of
the facts of the case to such social services official who shall
promptly advise the patient or his representative of his right to apply
for medical assistance and, if eligible, to have the cost of his care
paid for under this chapter. If the identity of the social services
official responsible for authorizing such care is not known by the
hospital, such notice shall be sent to the commissioner of the social
services district in which the hospital is located who shall make an
investigation to determine which social services district may be
responsible for authorizing such care and appropriately notify such
district, which shall advise such patient or his representative of his
right to apply, and if eligible to have the cost of his care paid for
under this chapter. The cost of care of an eligible patient shall be a
charge against a social services district only when authorized by the
commissioner of social services of such district, which authorization
shall not be withheld from any patient eligible for such care pursuant
to this title and the regulations of the department.

2. Notwithstanding any inconsistent provision of law, the social
services official responsible for authorizing hospital or health related
services shall withhold payment for such services upon the certification
of the commissioner of health that payment for such care is unauthorized
under the medical assistance program.

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